HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 33 of 2025 Sageer Malik ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody FIR/Case Crime No. 23 of 2024, under Sections 377, 323, 34 IPC and Section 9(d), 10, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Transit Camp, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application, being BA1 No.1080 of 2024, was dismissed as withdrawn on 27.11.2024. 4. According to the FIR, on 24.01.2024, at 07:00 in the evening, the victim, a young boy of 04 years, was taken by the applicant and the co-accused. One of the co-accused inserted his finger in the anus of the victim and another co-accused was making video. 5. Learned counsel for the applicant would submit that the victim did not know the applicant and as per the FIR, when the family members of the victim reached at the spot, the assailants had 2 managed to escape; in such circumstances, how can the FIR be lodged against the applicant; in the court, the victim was shown a photograph of the applicant for identification; it is not as such identification; co-accused have also been granted bail on the ground of identification, etc. 6. Learned State Counsel would submit that the role of the applicant is quite different; it is the applicant, who inserted his finger in the anus of the victim. 7. Having considered, this Court is of the view that the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J.) 04.04.2025 Ravi Bisht